Legal Question in Landlord & Tenant Law in California

deposit return

When my sister bought a retail ice cream store, the landlord asked for $10000 deposit. She did. It was sub-lease. My sister sold a store. The landlord didn't disclose to the escrow company that they require $10,000 deposit from buyer. They didn't return the deposit and made as if the purchaser made the deposit. Now, the landlord tells my sister to get the money from the buyer. Since I didn't read the lease agreement, I can't add more info. I am going to read lease, review escrow documents when sister bought and sold. Then write them letter demanding deposit return with interest. lawyers don't want to take the case because they think money at stake is small. It is big to my sister. Is there any government agencies that I can get help?


Asked on 12/11/04, 1:58 am

1 Answer from Attorneys

Robert Winkler The Law Office of Robert James Winkler

Re: deposit return

The lease agreement betweeen LL and your sister is a seperate contract from the purchase agreement from sister to buyer. Pursuant to California Law, the LL should have returned within three weeks after the end of the lease along with a detailed accounting for any costs associated for cleaning etc.

You can contact your local housing department and explain the situation and see if there is anything they can do but they probably will tell you this is a civil matter even though it is a violation of law. If you need assistance feel free to contact this office.

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Answered on 12/11/04, 12:23 pm


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